North Adams City Zoning Code
SECTION 11
ENVIRONMENTAL PERFORMANCE STANDARDS.
[Ord. of 1-12-2016; 5-14-2024]
11.1.
The use of land, buildings and other structures shall be conducted in accordance with the following performance standards:
11.1.1.
Dust, dirt, fly ash and smoke: No offensive dust, dirt, fly ash or smoke shall be emitted into the air. In no case shall material be exhausted or wasted into the air in excess of one cubic centimeter of settled matter per cubic meter of air. Smoke or other air contaminant shall not be discharged into the atmosphere from any single source of emission, for a period or periods aggregating more than three minutes in any one hour, which is as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines, or which is of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringelmann Chart.
11.1.2.
Odors, gases and fumes: No offensive odors shall be emitted which are perceptible from any property line of the lot on which the operation is located and shall emit no noxious, toxic or corrosive fumes or gases. Offensive odors noticeable off the premises where the use is located shall not exceed the standards established by the Massachusetts Department of Health.
11.1.3.
(Reserved)
11.1.4.
Wastes: No offensive wastes shall be discarded into any stream, watercourse or storm sewer.
11.1.5.
Vibration: No vibration greater than an energy ratio of 1.0 shall be transmitted outside the property where it originates.
11.1.6.
Light: No light which is objectionable due to brightness shall be transmitted outside the property where it originates.
11.1.7.
Danger:
(1)
No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored or manufactured except in accordance with applicable codes and regulations of the Commonwealth of Massachusetts.
(2)
No land within the City of North Adams may be used for the collection, treatment, storage, burial, incineration, or disposal of radioactive waste, or toxic waste including but not limited to wastes classified as low-level radioactive waste, unless the site has been approved by a special permit issued by the City Council in accordance with the provisions of Section 12.3 of the Zoning Ordinances.
(3)
Such special permit may impose such conditions and limitations on the proposed use as the City Council may determine are necessary for the protection of public health, safety and welfare.
11.1.8.
Environmental and community impact analysis:
(1)
Applicability. Any application for a special permit to be allowed to conduct a use listed below shall be required to submit, as part of the special permit application submission, an environmental and community impact analysis:
(a)
Uses requiring an environmental and community impact analysis:
1.
Multifamily dwellings or developments of more than 12 units.
2.
Nursing home with more than 50 beds.
3.
Hotel, motels, tourist cabin establishments with more than 50 sleeping accommodations.
4.
Shopping centers with more than 10,000 square feet of gross floor area.
5.
Research and development facilities with more than 20,000 square feet of gross floor area.
6.
Theaters for indoor motion picture projection with more than 2,000 seats.
7.
Any other use which will be utilizing more than 100,000 square feet of gross floor area or which can be expected to generate peak traffic volumes of more than 1,000 "vehicle trip ends" at the "peak hour of generation," as defined and determined from the Institute of Transportation Engineers' publication "Trip Generation."
8.
Campgrounds establishing or adding 50 or more sites.
9.
Industrial uses with more than 25,000 square feet of gross floor area.
10.
Private and public utilities and power plants.
(b)
The environmental and community impact analysis shall clearly and methodically assess the relationship of the proposed use and/or development to the natural and man-made environment of North Adams. This report shall be prepared by an interdisciplinary team of professionals qualified, experienced, and, where applicable, licensed, in their fields. Such team may consist of registered professional engineers, traffic engineers, architects, landscape architects, land use planners, hydrogeologists, hydrologists, biologists and other environmental professionals.
(2)
Purpose. It is intended that the report be a guide to the Planning Board in its deliberations and will build into the Board's decision-making process an appropriate and careful consideration of the environmental and community impacts of the proposed use and/or development.
(3)
Analysis. For each of the components of the environmental and community impact analysis listed under 15.8.4 below,[1] each of the following concerns must be separately addressed:
(a)
The environmental and community impacts of the proposed use and/or development: All primary and secondary environmental and community impacts, both beneficial and adverse, anticipated as a result of the proposed use and/or development. This section shall include all impacts resulting from the construction phase as well as those resulting from the project's completion.
(b)
Adverse impacts which cannot be avoided should the proposed use and/or development be implemented: The report shall describe the kinds and magnitudes of adverse impacts which cannot be reduced in severity or which can be reduced in severity, but not eliminated.
(c)
Alternatives to the proposed use and/or development: The report shall develop, describe, and objectively weigh alternatives to the proposed use and/or development which are allowed by the Zoning Ordinance.
(d)
Measures to be used to minimize adverse environmental and community impacts: Corrective and protective measures which will be taken, as part of the project, to minimize adverse impacts shall be described in detail.
[1]
Editor's Note: See Section 11.1.8(4).
(4)
Scope. The environmental and community impact analysis shall evaluate all of the following topics:
(a)
Natural environment:
1.
Air and noise pollution: The impact of local air quality and noise from the proposed development (including traffic generated from the development), both during and after construction, shall be evaluated. The Planning Board may require detailed technical reports of such impacts.
2.
Water pollution: The impact of storm water runoff on adjacent and downstream surface water bodies and subsurface groundwater shall be evaluated. Dangers of flooding as a result of increased downstream runoff, especially peak runoff. The impact of the proposed project on water table levels shall also be analyzed.
3.
Land: Compatibility of the proposed development with existing soils; the impact of any soils or other materials to be removed from the site; and the potential dangers and impacts of erosion and sedimentation caused by the proposed development.
4.
Plants and wildlife: The impact that the proposed project may have on wildlife habitat and on any rare or endangered plant or animal species known to exist in the area.
5.
Water supply: The average and peak daily demand and the impact of such demands on groundwater aquifers.
6.
Sewage disposal: The average and peak daily disposal and the impact of such disposal on groundwater aquifers.
(b)
Man-made environment:
1.
Existing neighborhood land use: Compatibility with adjacent or nearby existing land uses, or approved private development plans, if known, for adjacent or nearby land use changes to occur during the life of the proposed development. If not compatible, reasons therefor shall be detailed. Consultation with the Planning Board is strongly recommended.
2.
Zoning: Compatibility of proposed development with the purposes of the Zoning Ordinance and the zoning district.
3.
Architecture: The style of architecture of the buildings shall be described; its relation to prevailing types of architecture for similar buildings; and its compatibility with the function of the building and to the architecture of adjacent buildings. Sketches, photos, elevations and renderings are encouraged to illustrate architectural appropriateness as well as innovation.
(c)
Public service:
1.
Schools: The expected impact on the school system both elementary and secondary levels, the number of students; projected school bus routing changes and projections of future school building needs resulting from the proposed project.
2.
Police: The expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development.
3.
Fire: Expected fire protection needs; on-site firefighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented. Fire Department service improvements necessitated as a result of the proposed project shall also be discussed.
4.
Recreation: On-site recreation provisions shall be detailed and off-site recreation demands shall be estimated. Provision for public open space, either dedicated to the City or available to its residents, shall be described. Open space available primarily or exclusively for residents or employees shall also be described.
5.
Solid waste disposal: Analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal.
6.
Traffic: The expected impact of traffic generated by the proposed development on area roadways. Discussion shall include existing average and peak traffic volumes and composition, projected average and peak traffic generation and composition, intersection impacts and analysis of area roadway and intersection capacities. Methodologies used to make projection shall be described in detail.
7.
Highway: Projected need, responsibility and costs to the City of roadway maintenance shall be analyzed. Impacts of construction equipment on area roadways shall also be discussed.
8.
Sewage disposal: Analysis of the project average and peak sewage discharge and the impact of such discharges on the North Adams sewerage system.
(d)
Aesthetics:
1.
Lighting: The type, design, location, function and intensity of all exterior lighting facilities shall be described. Attention given to safety, privacy, security and daytime and nighttime appearance shall be detailed.
2.
Landscaping: Provisions for landscaping shall be described, including type, location and function of all plantings and materials.
3.
Visual: Attention given to views into the site and from the site shall be described. Included shall be long-distance views as well as views to and from adjacent properties.
(e)
Cost/benefit analysis:
1.
This municipal benefit/cost analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the City of North Adams as a result of the proposed development. This element should also estimate net benefits of costs of nonquantifiable environmental impacts.